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Circumventing Interlock or Driving Without Interlock

A driver who is restricted to only operating a motor vehicle equipped with an ignition interlock device must not operate a vehicle without interlock. If she does drive a vehicle without interlock and gets stopped by law enforcement, the penalties are severe. Operating a motor vehicle without interlock when interlock is required is a Class 1 Misdemeanor Traffic Offense punishable by a minimum 10 days in jail up to one (1) year in jail and a fine of $300 up to $1000 plus court costs and surcharge fees. This same penalty also applies to a driver who is caught circumventing or attempting to circumvent the ignition interlock device.

If a police officer issues a ticket for circumventing an ignition interlock device or operating a vehicle without interlock when interlock is required, he is required by law to confiscate the person’s driver’s license on the spot and file a report with DMV. The police officer is also required to ensure that the driver does not continue to operate the motor vehicle.

Once the case goes to court, the statute reads that a judge shall not accept a plea to another offense unless the prosecutor states to the court that they could not establish a prima facie case if the driver was brought to trial. In other words, the prosecutor would have to state to the judge that they didn’t have a case.

If a driver pleads guilty to the offense of circumventing or attempting to circumvent an ignition interlock device or operating a motor vehicle without an interlock device when one is required, DMV may revoke the driver’s license for a period of one (1) year or the remaining period of license restriction prior to the driver being issued an interlock license, whichever is longer. Thus, both the criminal traffic offense and the collateral DMV consequences are severe. A driver is entitled to a hearing at DMV regarding the revocation and the length of the ineligible period.

The ignition interlock company is required by law to provide monthly monitoring reports to the DMV to ensure compliance. Additionally, the ignition interlock company is required to check the device every sixty (60) days to ensure that it is functioning properly. If the ignition interlock company finds evidence that the device has been tampered with, the ignition interlock company is required to report the suspected tampering to DMV within 5 days.

If you or a loved one has been charged with operating a vehicle without interlock or circumventing an ignition interlock device, it’s important to seek help from experienced counsel. Attorney Robbins has successfully defended clients in Colorado charged with operating a motor vehicle without interlock or circumventing interlock at the county court level as well as DMV. Contact Attorney Robbins today for a free case evaluation at 303-355-5148 or 970-301-5541

Client Reviews
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy